Should the owner of such lease neglect or refuse to execute a release as provided by this act [70-1-3 to 70-1-5 NMSA 1978], then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and he may also recover in such action of the lessee, his, or its heirs, executors, administrators, successors or assigns, the sum of one hundred dollars ($100.00) as damages, and all costs, together with a reasonable attorney’s fee for preparing and prosecuting the suit, and he may also recover any additional damages that the evidence in the case will warrant. In all such actions, writs of attachment may issue as in other cases.
History: Laws 1925, ch. 118, § 2; C.S. 1929, § 97-302; 1941 Comp., § 69-104; 1953 Comp., § 65-2-4.
ANNOTATIONS
Cross references. — For attachment, see 42-9-1 NMSA 1978.